It sometimes happens that, despite the best efforts of all participants, negotiations grind to a stubborn halt and disappointment sets in. Before packing your bags, ask yourself these five questions. Your answer might be just...more

In Cooper v. Lavely Singer Professional Corp., 2014 DJDAR 13272, the California Court of Appeal for the Second Appellate District ruled that a post-hearing substantive “correction” of a “Final Award” of attorney fees awarded...more

The mediation process has evolved significantly over the past few decades. Mediation was initially viewed skeptically by trial attorneys who viewed themselves as warriors who preferred to try cases rather than settle them....more

The theme of the 2014 Mediation Week was inspired by Stories Mediators Tell, a moving and illuminating collection of stories about the often dramatic facts of mediation life that Editors Eric R. Galton and Leila P. Love...more

Writing a persuasive brief is one of the most important things an attorney can do to prepare for mediation of a business dispute. A good brief provides the opposing side with information they need to consider. Perhaps even...more

The Supreme Court for the State of New Jersey held that the failure to include specific trial by jury waiver language in arbitration clauses renders them unenforceable in consumer contracts, notwithstanding the fact that said...more

Judge Amy J. St. Eve of the Northern District of Illinois recently held that a purported settlement agreement in a putative class action filed by Craftwood Lumber Co. against Interline Brands, Inc. was not enforceable. See...more

Here are some Do’s and Don’ts from a mediator’s perspective to help you prepare your mediation briefs.
Do remember that the mediation session will likely be the last day of your case. Treat the event with the...more

We have all encountered the spiteful litigant. Maybe it’s the husband in a divorce who says that he is going to Las Vegas and putting the marital estate on red or black at the roulette wheel. If he wins he will split it with...more

Most pundits of the legal industry agree that the Great Recession of 2008-2009 changed the practice and the business of law forever. A number of widely read reports has identified these seemingly permanent changes as the “new...more

The First and Ninth Circuits recently issued opinions concerning the validity of state laws requiring “informed consent” to, or “full disclosure” of, arbitration clauses in attorney retainer agreements. Although the First...more

The benefits to mediation over litigation are substantial: it’s ultimately less expensive than proceeding to trial; it saves time; and it avoids the hidden costs of litigation, which often include reduced productivity and,...more

Good visual presentations enhance juror attention, cognition and retention in the courtroom. By providing comparisons and reference points familiar to the juror, demonstratives can help communicate difficult concepts and...more

UK Employment Law Update – October 2013
Following on from the recent costs litigation between Lord Sugar’s company and 2010 Apprentice winner Stella English, this employment law update includes a Q&A about the costs regime...more

There is a whole lot of empirical research that explains why so many negotiations fail to yield optimal results -- and that teaches us ways to improve the odds that we will do better. On the hunch that most busy lawyers don't...more

But the Process can go a whole lot smoother and faster if the opposing
counsel knows the area well enough to tell and advise the client as to the
reality of the situation and reject spurious arguments that just waste...more

I have been writing 250+ pages a day for the past week in a binding arbitration with three arbitrators. As a deposition reporter, I don’t do court work, and I don’t do a lot of arbitrations.
The attorneys are calling...more

We are excited to announce the publication of our new eBook on Divorce Mediation. Learn what the many benefits are by getting a divorce through mediation versus a long, expensive and protracted contested divorce. See also how...more

The events leading up to, and actually getting a divorce from your spouse can be one of the most difficult times in a person's life. But does the actual divorce process have to add unwanted stress? There is a better way to...more

Recently, I co-presented a CLE webinar on "Technology for Better Mediation" along with two San Francisco trial attorneys, Miles Cooper of Rouda Feder Tietjen & McGuinn, and Jeff Smith of Abramson Smith Waldsmith. This post...more

In construction litigation, almost every description—from Aggregate, Beater Bars and Canusa wraps, to Wonderboard, Yokes and Z-bars—involves specialized language of the trade that must be made understandable. Visual aids...more